SUBHASH CHANDER GROVER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner, a delinquent official was serving as a Clerk in Tacavi Branch, Tehsil Office, Fazilka during the period from July 1975 to June, 1979. The Audit Inspecting Officer visited the Tehsil Office, Fazilka and submitted a report on 03.08.1979 pertaining to alleged embezzlement of amount of Rs. 7200/ - by the petitioner. Thereafter, the then SDO(C) posted at Fazilka made a report against the petitioner vide memo dated 04.08.1979. The petitioner was served with charge sheet. After seeking his reply and consideration thereof, Dy. Commissioner, Ferozpur appointed Inquiry Officer finding reply of the petitioner unsatisfactory for conducting inquiry into the charge of embezzlement. It is alleged that the Inquiry Officer did not submit any memo of charges along with annexures of documents and list of witnesses nor did summon the petitioner and made an exparte inquiry report on 06.03.1981. The petitioner was found guilty of charges. Based upon the findings of the inquiry report, a show cause notice was served upon the petitioner through publication in the newspapers dated 18.09.1981. It is contended that Sub Divisional Officer (Civil) was biased and prejudiced and wanted to involve the petitioner in a criminal case. He, accordingly, lodged a report with SSP, Ferozpur on 13.10.1980 when inquiry was still pending against the petitioner. The Dy. Commissioner, Ferozpur vide order dated 28.04.1982 terminated the services of the petitioner. In the meantime, on the basis of the report lodged by Sub Divisional Officer (C), an FIR was registered against the petitioner on 09.11.1982. The proceedings in a criminal case were terminated on 28.02.1989 with acquittal of the petitioner. On his acquittal, he made an application on 18.08.1989 to the Deputy Commissioner, Ferozpur for his reinstatement with all consequential service benefits including back wages etc. by setting aside the termination order. The Dy. Commissioner, Ferozpur rejected the application of the petitioner vide order dated 10.11.1989. It is stated on behalf of the petitioner that before rejection of the application opinion was sought from the District Attorney, Ferozpur who opined that the petitioner be reinstated as the State has not filed any appeal against the acquittal and the period from 28.02.1989 to 12.08.1989 be also treated as leave of the kind due. It is further averred in the writ petition that Additional Deputy Commissioner again sent the case back to the District Attorney so as to get adverse report against the petitioner. District Attorney, Ferozpur at the instance of Additional Deputy Commissioner changed his opinion and gave a fresh report dated 06.11.1989 stating therein that acquittal of the petitioner is on flimsy grounds as the witnesses have resiled. He further opined that the inquiry was still in force and an employee cannot be reinstated unless his dismissal in a departmental enquiry is quashed by some competent authority. On this report of the District Attorney, application of the petitioner had been rejected. Being aggrieved of order of rejection, the petitioner approached the Commissioner, Ferozpur with another representation. This representation also did not find favour with the Commissioner and came to be rejected vide letter dated 20.09.1990. It seems that the petitioner had also preferred some appeal before the Commissioner. This appeal also resulted in dismissal on 31.08.1990. Aggrieved of the order, a revision petition came to be filed before the Financial Commissioner, which also came to be dismissed vide order dated 16.04.1992.

(2.) THE petitioner has challenged order of his termination and order of revisional authority in this writ petition. The impugned orders are challenged primarily on the following grounds: - -

(3.) IT is vehemently argued on behalf of the petitioner that acquittal in the criminal proceedings leads to setting aside of the disciplinary proceedings is sufficient to set aside disciplinary proceedings, both being based upon identical facts and set of allegations.